HB 1305

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1305
     BY REPRESENTATIVE(S) Lukens, Brown, Duran, Espenoza,
     Gonzalez R., Jackson, Lieder, Lindsay, Marshall, McCormick, Nguyen,
     Ricks, Rutinel, Smith, Stewart K., Stewart R., McCluskie, Boesenecker,
     English, Weinberg;
     also SENATOR(S) Roberts, Amabile, Benavidez, Bridges, Catlin, Cutter,
     Daugherty, Exum, Gonzales J., Jodeh, Kipp, Kolker, Lindstedt, Liston,
     Marchman, Mullica, Pelton B., Snyder, Wallace, Weissman, Coleman.
     CONCERNING ENHANCING ACCESS TO INPATIENT BEHAVIORAL HEALTH BY
          ALIGNING STATE AND FEDERAL STATUTES.
     Be it enacted by the General Assembly of the State of Colorado:
             SECTION 1. In Colorado Revised Statutes, 25-1.5-103, add (1)(e)
     as follows:
            25-1.5-103. Health facilities - powers and duties of department
     - rules - limitations on rules - definitions - repeal.
           (1) The department has, in addition to all other powers and duties
     imposed upon it by law, the powers and duties provided in this section as
     follows:
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
      (e) TO ESTABLISH AND ENFORCE STANDARDS FOR THE OPERATION
AND MAINTENANCE OF REMOTE PSYCHIATRIC INPATIENT LOCATIONS OF
GENERAL HOSPITALS, AS DEFINED IN SECTION 25-3-101 (2)(d).
        SECTION 2. In Colorado Revised Statutes, 25-3-101, add (2)(c),
(2)(d), (5), (6), (7), (8), and (9) as follows:
      25-3-101. Hospitals - health facilities - licensed - definitions.
      (2) As used in this section, unless the context otherwise requires:
      (c) "MAIN HOSPITAL" MEANS A HEALTH-CARE FACILITY THAT IS
LICENSED AS A GENERAL HOSPITAL AND OPERATES A REMOTE PSYCHIATRIC
INPATIENT LOCATION UNDER A GENERAL HOSPITAL'S LICENSE.
      (d) "REMOTE PSYCHIATRIC INPATIENT LOCATION OF A GENERAL
HOSPITAL" OR "REMOTE PSYCHIATRIC INPATIENT LOCATION" MEANS A
HEALTH-CARE FACILITY THAT IS FEDERALLY DETERMINED OR SEEKING
FEDERAL DETERMINATION AS A REMOTE LOCATION OF A MAIN HOSPITAL
WITH PROVIDER-BASED STATUS PURSUANT TO 42 CFR 413.65, DELIVERS
HEALTH-CARE SERVICES UNDER THE NAME, OWNERSHIP, AND FINANCIAL AND
ADMINISTRATIVE CONTROL OF A MAIN HOSPITAL, AND MEETS THE
FOLLOWING CRITERIA:
      (I) (A) WAS INITIALLY LICENSED BY THE DEPARTMENT AS A
PSYCHIATRIC HOSPITAL; OR
      (B) WOULD OTHERWISE BE SUBJECT TO LICENSING AS A PSYCHIATRIC
HOSPITAL;
     (II) MEETS ALL THE STATE BOARD OF HEALTH LICENSING RULES FOR
A PSYCHIATRIC HOSPITAL, INCLUDING BUILDING STANDARDS ADOPTED
PURSUANT TO SECTION 25-1-108 (1)(c)(II);
     (III) IS A STANDALONE FACILITY NOT LOCATED ON ANY HOSPITAL
CAMPUS;
       (IV) IS LOCATED WITHIN THIRTY-FIVE MILES OF THE MAIN HOSPITAL
IN A RURAL AREA AS DEFINED IN SECTION 25-1.5-103 (3)(b); AND
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     (V) OFFERS PRIMARILY INPATIENT PSYCHIATRIC SERVICES WITH
SEVENTEEN OR MORE INPATIENT BEDS.
      (5) A HEALTH-CARE FACILITY THAT IS A REMOTE PSYCHIATRIC
INPATIENT LOCATION OF A GENERAL HOSPITAL IS NOT REQUIRED TO BE
SEPARATELY LICENSED AS A PSYCHIATRIC HOSPITAL. THE DEPARTMENT
SHALL RECOGNIZE THE HEALTH-CARE FACILITY AS LAWFULLY LICENSED
UNDER THE MAIN HOSPITAL'S GENERAL LICENSE, UPON PROOF THAT THE
REMOTE PSYCHIATRIC INPATIENT LOCATION SATISFIES THE CRITERIA IN
SUBSECTION (2)(d) OF THIS SECTION.
      (6) A REMOTE PSYCHIATRIC INPATIENT LOCATION OF A GENERAL
HOSPITAL IS SUBJECT TO STATE BOARD OF HEALTH LICENSING RULES FOR
PSYCHIATRIC HOSPITALS AND IS NOT SUBJECT TO STATE BOARD OF HEALTH
LICENSING RULES FOR GENERAL HOSPITALS.
     (7) ANY ENFORCEMENT ACTION BY THE DEPARTMENT MUST BE
TAKEN AGAINST THE MAIN HOSPITAL'S GENERAL HOSPITAL LICENSE,
REGARDLESS OF WHETHER THE ACTION ARISES FROM CONDUCT THAT OCCURS
AT THE MAIN HOSPITAL LOCATION OR THE REMOTE PSYCHIATRIC INPATIENT
LOCATION.
      (8) IN THE EVENT THAT THE REMOTE PSYCHIATRIC INPATIENT
LOCATION IS NO LONGER FEDERALLY DETERMINED AS A REMOTE LOCATION
OF A GENERAL HOSPITAL WITH PROVIDER-BASED STATUS PURSUANT TO 42
CFR 413.65, THE REMOTE PSYCHIATRIC INPATIENT LOCATION MUST SEEK A
PSYCHIATRIC HOSPITAL LICENSE IN ORDER TO CONTINUE OPERATING.
      (9) (a) A HEALTH-CARE FACILITY THAT DELIVERS HEALTH-CARE
SERVICES UNDER THE NAME, OWNERSHIP, AND FINANCIAL AND
ADMINISTRATIVE CONTROL OF A MAIN HOSPITAL THAT DOES NOT MEET THE
REQUIREMENTS OF SUBSECTION (2)(d)(IV) OF THIS SECTION MAY ELECT TO
BECOME A REMOTE PSYCHIATRIC INPATIENT LOCATION OF A GENERAL
HOSPITAL FOR PURPOSES OF THIS SECTION IF THE FACILITY:
      (I) WAS LICENSED BY THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AS A PSYCHIATRIC HOSPITAL PRIOR TO THE EFFECTIVE DATE
OF THIS SUBSECTION (9);
      (II) WAS FEDERALLY DETERMINED AS A REMOTE LOCATION OF A
PAGE 3-HOUSE BILL 26-1305
GENERAL HOSPITAL WITH PROVIDER BASED STATUS PURSUANT TO 42 CFR
413.65 PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION (9);
       (III) MEETS THE CRITERIA DESCRIBED IN SUBSECTIONS (2)(d)(II) AND
(2)(d)(V) OF THIS SECTION; AND
      (IV) IS CERTIFIED TO ACCEPT MEDICAID AND SERVES MEDICAID
MEMBERS.
      (b)   A HEALTH-CARE FACILITY THAT QUALIFIES AS A REMOTE
PSYCHIATRIC INPATIENT LOCATION OF A GENERAL HOSPITAL PURSUANT TO
THIS SUBJECTION (9) IS SUBJECT TO THE SAME REQUIREMENTS APPLIED TO A
REMOTE PSYCHIATRIC INPATIENT LOCATION PURSUANT TO THIS SECTION.
       SECTION 3. In Colorado Revised Statutes, 25-3-102, add (1)(d.5)
and (4) as follows:
      25-3-102. License - application - issuance - certificate of
compliance required - rules.
      (1) (d.5) THE MAIN HOSPITAL MUST DEMONSTRATE THAT IT MEETS
THE FOLLOWING CONDITIONS IN ITS APPLICATION FOR RENEWAL OF A LICENSE
DESCRIBED IN SECTION 25-3-101 IN ORDER FOR A REMOTE PSYCHIATRIC
INPATIENT LOCATION TO CONTINUE TO OPERATE UNDER THE MAIN
HOSPITAL'S GENERAL HOSPITAL LICENSE:
      (I) THE REMOTE PSYCHIATRIC INPATIENT LOCATION IS DESIGNATED
BY THE COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION TO
PROVIDE SERVICES PURSUANT TO ARTICLE 65 OF TITLE 27;
      (II) THE REMOTE PSYCHIATRIC INPATIENT LOCATION IS FEDERALLY
DETERMINED AS A REMOTE LOCATION OF A GENERAL HOSPITAL WITH
PROVIDER-BASED STATUS PURSUANT TO 42 CFR 413.65;
      (III) THE REMOTE PSYCHIATRIC INPATIENT LOCATION MEETS ALL
STATE BOARD OF HEALTH PSYCHIATRIC HOSPITAL RULES; AND
      (IV) THE REMOTE PSYCHIATRIC INPATIENT LOCATION IS CERTIFIED
TO ACCEPT MEDICAID AND SERVES MEDICAID MEMBERS.
PAGE 4-HOUSE BILL 26-1305
      (4) IF AT ANY TIME A REMOTE PSYCHIATRIC INPATIENT LOCATION OF
A GENERAL HOSPITAL IS NO LONGER FEDERALLY DETERMINED TO HAVE
PROVIDER-BASED STATUS PURSUANT TO 42 CFR 413.65, THE REMOTE
PSYCHIATRIC INPATIENT LOCATION MUST SECURE A PSYCHIATRIC HOSPITAL
LICENSE FROM THE DEPARTMENT TO CONTINUE OPERATIONS.
       SECTION 4. In Colorado Revised Statutes, 25-3-102.1, amend
(1)(b)(III); and add (1)(b)(IV) as follows:
       25-3-102.1. Deemed status for certain facilities.
        (1) (b) (III) If the department of public health and environment takes
an enforcement activity, as defined in section 25-1.5-103 (2)(b.5), against
a health facility to which it has granted deemed status pursuant to this
paragraph (b) SUBSECTION (1)(b), the department may revoke the health
facility's deemed status.
       (IV) (A)    A REMOTE PSYCHIATRIC INPATIENT LOCATION OF A
GENERAL HOSPITAL MUST ONLY BE DEEMED BY THE DEPARTMENT TO MEET
THE REQUIREMENTS FOR RENEWAL UNDER THE GENERAL HOSPITAL'S LICENSE
IF A PSYCHIATRIC HOSPITAL ACCREDITING ORGANIZATION HAS DETERMINED
THAT THE REMOTE PSYCHIATRIC INPATIENT LOCATION SATISFIES
SPECIALIZED PSYCHIATRIC REQUIREMENTS TO BE ACCREDITED AS A
PSYCHIATRIC HOSPITAL.
      (B) NOTHING IN THIS SECTION PREVENTS THE DEPARTMENT FROM
CONDUCTING AN INSPECTION OF THE REMOTE PSYCHIATRIC INPATIENT
LOCATION FOR LICENSING OR OTHER REQUIREMENTS.
       (C) NOTHING IN THIS SECTION PREVENTS THE DEPARTMENT FROM
CONDUCTING AN INSPECTION OF A REMOTE PSYCHIATRIC INPATIENT
LOCATION TO INVESTIGATE A COMPLAINT REGARDING A VIOLATION OF
SECTION 27-65-106, 27-65-107, 27-65-108.5, 27-65-109, 27-65-110, OR
27-65-119 TO THE EXTENT THE COMPLAINT IS APPLICABLE TO A
HEALTH-CARE FACILITY LICENSED BY THE DEPARTMENT.
        SECTION 5.       In Colorado Revised Statutes, 25-3-105, add
(1)(a)(IV) as follows:
       25-3-105. License - fee - rules - performance incentive system -
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penalty.
       (1) (a) (IV)    A MAIN HOSPITAL WITH A REMOTE PSYCHIATRIC
INPATIENT LOCATION IS SUBJECT TO A SEPARATE LICENSING FEE FOR EACH
REMOTE PSYCHIATRIC INPATIENT LOCATION OPERATING UNDER A SINGLE
GENERAL HOSPITAL LICENSE.
       SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
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the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________        ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
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